SRINIVAS H. Vs. JAISHREE M.

JUDGEMENT

(1.) In this petition filed under Sec. 397 r/w 401 Cr.P.C., petitioner who is arraigned as accused has challenged his conviction and sentence for the offence punishable under Sec. 138 of N.I Act, imposed by the trial Court, which came to be confirmed by the Sessions Court by dismissing the appeal filed by him.

(2.) For the sake of convenience, the parties are referred to by their rank before the trial Court.

(3.) Complainant filed complaint under Sec. 200 Cr.P.C against the accused alleging offence punishable under Sec. 138 of N.I Act, contending that she knew the accused since many years. He is residing behind her house. He is working as a driver in BMTC. During September 2013, accused approached the complainant with a request for hand loan in a sum of Rs.10.00 lakhs for his urgent need. He agreed to pay interest at 1%. On receipt of the amount, he promised to repay the same in the month of Jan 2014. Accordingly during the month of January 2014, complainant requested him to return the money. In this regard he issued cheque dtd. 27/1/2014 for 10 lakhs with an assurance that it would be honoured on presentation. However, when complainant presented the cheque for realization, it was returned with an endorsement "Funds insufficient".